[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Notices]
[Pages 64277-64278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3009]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-423-809]


Stainless Steel Plate in Coils From Belgium; Final Results of the 
Expedited Sunset Review of the Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of expedited sunset review: Stainless 
steel plate in coils from Belgium.

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SUMMARY: On April 1, 2004, the Department initiated a sunset review of 
the countervailing duty (``CVD'') order on stainless steel plate in 
coils (``SSPC'') from Belgium pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act''). See Initiation of Five-Year 
(Sunset) Reviews, 69 FR 17129 (April 1, 2004). On the basis of a notice 
of intent to participate and an adequate substantive response filed on 
behalf of domestic interested parties and inadequate response from 
respondent interested parties, the Department conducted an expedited 
(120-day) sunset review. As a result of this review, the Department 
finds that revocation of the CVD order would likely lead to 
continuation or recurrence of subsidies at the levels indicated in the 
``Final Results of Review'' section of this notice.

EFFECTIVE DATE: November 4, 2004.

FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq., Office of Policy 
for Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4340.

SUPPLEMENTARY INFORMATION:

Department's Regulations

    The Department's procedures for the conduct of sunset reviews are 
set forth in 19 CFR 351.218. Guidance on methodological or analytical 
issues relevant to the Department's conduct of sunset reviews is set 
forth in the Department's Policy Bulletin 98.3--Policies Regarding the 
Conduct of Five-year (``Sunset'') Reviews of Antidumping and 
Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 
1998).

Background

    On April 1, 2004, the Department initiated a sunset review of the 
CVD order on SSPC from Belgium pursuant to section 751(c) of the Act. 
See Initiation of Five-Year (Sunset) Reviews, 69 FR 17129 (April 1, 
2004). On April 16, 2004, the Department received a notice of intent to 
participate from Allegheny Ludlum Corp. (``Allegheny Ludlum''), North 
America Stainless (``NAS''), and the United Steelworkers of America, 
AFL-CIO/CLC (``USWA''), (collectively, ``domestic interested parties'') 
within the applicable deadline specified in section 351.218(d)(1)(i) of 
the Sunset Regulations. See Response of the Domestic Interested Parties 
at 2, May 3, 2004 (``Domestic Response''). All domestic interested 
parties claimed interested-party status, under sections 771(9)(C) and 
(D) of the Act, as a U.S. producer of the domestic like product or a 
certified union whose workers are engaged in the production of the 
subject merchandise in the United States. See Domestic Response. The 
USWA was a petitioner in the investigation and has been involved in 
this proceeding since its inception. Id. at 6. Armo, Inc., J&L 
Specialty Steels, Inc., and Lukens Inc. were also petitioners in the 
original investigation but are either no longer producers of subject 
merchandise or are scheduled to cease production of SSPC this year. Id. 
According to the domestic interested parties in this review, two 
unions, Butler Armco Independent Union and Zanesville Armco Independent 
Organization, that were original petitioners are not participating in 
this sunset review because very few workers at these unions are engaged 
in the production of SSPC in the United States. Id. at 7. The domestic 
interested parties have participated as a group at various segments of 
this order. Id.
    The Department received a waiver of participation from U & A 
Belgium, a respondent interested party. See Response of U & A Belgium, 
``SSPC from Belgium--Sunset Participation Waiver'' (April 30, 2004). We 
did receive substantive responses from the Government of Flanders and 
the Government of Belgium (collectively, ``GOB'') and the Delegation of 
the European Commission (``EU''). See Substantive Response of the GOB, 
(``GOB Response'') (May 3, 2004) and the Substantive Response of the EU 
(``EU Response'') (April 30, 2004). In addition, the GOB and the 
domestic industry submitted rebuttals on May 10, 2004. See Rebuttal of 
the Domestic Interested Parties (``Domestic Rebuttal'') (May 10, 2004) 
and GOB Rebuttal (May 10, 2004).
    As a result of the lack of respondent company participation in this 
sunset review, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of this order. See Memorandum to Ronald K. 
Lorentzen, Acting Office of Policy Director, from Kelly Parkhill, 
Director of Industry and Support, Sunset Review of Stainless Steel 
Plate in Coils from Belgium: Adequacy of Respondent Interested Party 
Responses to the Notice of Initiations (May 19, 2004).

Scope of Review

    The product covered by this order is certain stainless steel plate 
in coils. Stainless steel is an alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc. provided that it maintains the specified 
dimensions of plate following such processing. Excluded from the scope 
of these orders are the following: (1) Plate not in coils, (2) plate 
that is not annealed or otherwise heat treated and pickled or otherwise 
descaled, (3) sheet and strip, and (4) flat bars. In addition, certain 
cold-rolled stainless steel plate in coils is also excluded from the 
scope of this order. The excluded cold-rolled stainless steel plate in 
coils is defined as that merchandise which meets the physical 
characteristics described above that has undergone a cold-reduction 
process that reduced the thickness of the steel by 25 percent or more, 
and has

[[Page 64278]]

been annealed and pickled after this cold reduction process. The 
merchandise subject to these orders is currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 
7219.11.00.30, 7219.11.00.60, 7219.12.00.05, 7219.12.00.20, 
7219.12.00.25, 7219.12.00.50, 7219.12.00.55, 7219.12.00.65, 
7219.12.00.70, 7219.12.00.80, 7219.31.00.10, 7219.90.00.10, 
7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 
7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 
7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 
7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 
7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the orders is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') from Ronald K. 
Lorentzen, Acting Director, Office of Policy, Import Administration, to 
James J. Jochum, Assistant Secretary for Import Administration, dated 
October 28, 2004, which is hereby adopted by this notice. The issues 
discussed in the accompanying Decision Memorandum include the 
likelihood of continuation or recurrence of countervailable subsidies 
and the net subsidy likely to prevail were the order revoked. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, room B-099, of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under 
the heading ``November 2004.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the countervailing duty order on 
SSPC from Belgium would be likely to lead to continuation or recurrence 
of countervailable subsidies at the rate listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                  Producers/exporters                        subsidy
                                                            (percent)
------------------------------------------------------------------------
Ugine and ALZ Belgium..................................           1.13
All Others.............................................           1.13
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 28, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3009 Filed 11-3-04; 8:45 am]
BILLING CODE 3510-DS-P